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Holistically tackling the anti-corruption ‘big picture’

Holistically tackling the anti-corruption ‘big picture’

04 Apr 2023

As Sri Lanka is in the process of implementing a number of reforms, including long drawn-out legal reforms, the recently announced Anti-Corruption Bill has attracted attention, since corruption has in recent years emerged as a pressing issue to not only the public, but also to the entire economy.

While various opinions have been expressed about the Bill, Justice, Prisons Affairs and Constitutional Reforms Minister, President’s Counsel Dr. Wijeyadasa Rajapakshe recently stated that if the provisions contained in the proposed Bill are not sufficient to eliminate corruption as claimed by certain parties, those parties should put forward their suggestions to rectify those inadequacies. His remarks come in a context where former President Chandrika Bandaranaike Kumaratunga, during whose regime the existing Commission to Investigate Allegations of Bribery or Corruption (CIABOC) Act, No. 19 of 1994 was introduced, recently alleged that the proposed Bill does not include any provisions to thwart people from engaging in acts of corruption.

There is no debate that the Bill is a need of the hour, with allegations of large-scale acts of corruption, such as those involving private parties including local businessmen as well as politicians and political parties while emerging acts of corruption have evolved from mere undue commissions to stealing millions of foreign exchange. This rise in corruption tarnished the country’s name when influential figures and allies of past Governments were named in the Pandora Papers expose and the country’s susceptibility to corruption was discussed in the aftermath of the infamous Central Bank Treasury Bond scams. To make matters worse, the country witnessed a sting of reports of foreigners engaging in credit card fraud and other forms of thefts recently.

In this context, the Minister’s invitation for suggestions to improve the Bill should be a genuine one, not one made merely as a response to opinions about or against the Bill, as the need for anti-corruption laws that are equipped to deal with modern day corruption is necessary. Among other needs, the Bill needs to be able to tackle not only corruption in the public sector or in politics, but also in the private sector. In fact, with various unprecedented negative developments in private sector-run trade and economic activities and also the tendency among the public to increase their income, which stem from the ongoing economic crisis, such attention is necessary.

What is more, in a backdrop where the public has started critically questioning the efficiency, credibility, and also the competence of the public sector, including those tasked with enforcing laws and regulations, how the country enforces the Bill is also a matter that requires attention. Ideally, it is the responsibility of the CIABOC, supported by various other entities including the Police. However, to what extent the CIABOC could be relied upon to ensure the proper enforcement of the Bill is a question, with a number of recent corruption related incidents having put into question the CIABOC’s competence and credibility. Needless to say, enacting the Bill is merely a first step. The Government should ensure that the country has a competent authority to enforce it.

The proposed anti-corruption law and the enforcers of the same being equipped with the knowledge, experience, competence, resources and the independence required to handle white collar crimes, especially those involving the internet and other forms of technologies, is of great importance. This is particularly important, because, with the economic crisis, more and more people are tending to earn through newer forms of income sources including newer forms of pyramid scams and online gambling. This requires ensuring that the proposed law addresses such issues, the Government provides training and resources to those who will be tasked with enforcing this law, and having a properly coordinated system in place to allow all relevant agencies to work hand in hand.

If the proposed law does not address these areas, it would not deliver the expected results. However, with the introduction of this law, Sri Lanka should also get rid of the outdated idea that curbing corruption is the job of the Government and of law enforcers. The citizens too have a crucial role in this endeavour, and they should be made aware of their roles and responsibilities.



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